Full orders by High Court Judge Makau: Community Based Learning (CBL)

The High Court, in Nairobi, has restrained Education Cabinet Secretary George Magoha and the Teachers Service Commission from implementing, undertaking or further executing the Community Based Learning project across Kenya.

This is after a parent, Joseph Enock Aura, filed a suit to protest against the government’s planned roll out of the programme. Instead, he wants the court to order Magoha to re-open learning institutions from September 1, 2020.

With these latest orders, it means the CBL programme may not be held anytime soon until after September 9, 2020 (when the matter will be mentioned in court).

TSC has already put the exercise on hold, until further notice.

HERE ARE THE ORDERS BY JUSTICE J.A MAKAU TO TSC AND CS MAGOHA ON SEPTEMBER 25, 2020;

THAT the Application dated August 21, 2020 (by Joseph Enock Aura) is certified as urgent and admitted for hearing during the current High Court Vacation.
THAT Pending the hearing and determination of this Notice of Motion, an interim Conservatory Order be and is hereby issued by way of an injunction, to forthwith restrain the 1st Respondent (CS Magoha) by himself, his servants. agents, assistants, and partners, together with the 1st Interested Party, Teachers Service Commission, or otherwise howsoever, from implementing, undertaking, or further executing the community-based learning” project across Kenya as declared by the 1st Respondent on 30th July 2020.
THAT the Application dated 21st August 2020 and the Petition herein be served within the next two (2) working days from today.
That the Respondents and all Interested Parties do file their responses to the Application within the next four (4) working days from the date of service.
THAT the matter be mentioned on 9th September 2020 to confirm compliance and for further directions.